Legal Damages in Wrongful Death Lawsuits
Wrongful death lawsuits are often quite exhausting and heartbreaking. The lawyers at Flickinger Sutterfield & Boulton know how difficult these cases can be, which is why we take great care in helping clients through these demanding times. So many people throughout the Provo area have benefited from our legal assistance and commitment to strong counsel and representation. During wrongful death lawsuits, many clients have questions about the legal damages they can seek in their case. Let’s cover the basics and break down what damages are. The Pain of Losing a Loved One If you lose a loved one due to another person’s negligent actions or failure to act, this can cause a great deal of heartache. The death was potentially preventable, whether it occurred during an auto accident, a severe work injury, or as a result of a doctor’s mistake. Whatever the case may be, it’s important that the negligent party be held accountable for their actions. A lawyer is crucial for seeking justice and obtaining damages for the surviving family members of the deceased. How Legal Damages Work Damages refer to a legal award (often money) given to an individual for injury, material loss, or the death of a loved one. This monetary compensation is common in civil cases. Types of Damages There are two types of legal damages: Compensatory Damages – Compensatory damages are intended to cover actual financial or material losses that were related to an accident or harmful incident. This may include property damage, lost wages, medical expenses, funerary expenses, and so forth. Punitive Damages – Punitive damages are damages that punish the negligent party for their actions. This is not tied to an actual loss but rather the egregiousness of the negligence and the amount of harm it caused. It is not uncommon to seek both compensatory and punitive damages in a legal case. An Example of Compensatory Damages Say that a woman’s husband is killed in an auto accident. The auto accident was caused by a large truck operated by a driver who had not been sleeping while on the road and was inattentive, causing a fatal auto collision. Compensatory damages in this case would cover the funerary costs, any emergency medical expanses, the lost wages of the husband, cost of damage to the vehicle, lost wages/income from the husband, emotional pain and suffering, legal fees, and so forth. Calculating Compensatory Damages Since compensatory damages are tied to actual losses, it is generally easy to calculate them. Bills and receipts can be added together, and wages or future expenses can be estimated with a fair amount of accuracy. An Example of Punitive Damages Let’s continue to use the fatal auto accident scenario above to discuss punitive damages. Punitive damages will be sought against the truck driver and the trucking company for failing to act responsibly. Proper rests and breaks could have potentially prevented the accident from occurring. The punishment will attempt to deter future actions like this from occurring, and will be added to the compensatory damages. Calculating Punitive Damages Since punitive damages are not linked to anything actual or material, calculating them can be more difficult. In many cases, similar lawsuits are consulted to offer a fair range for punitive damages. Again, the egregiousness of the incident will typically determine the amount sought. Contact the Lawyers of Flickinger Sutterfield & Boulton For more information about your legal options following the loss of a loved one, be sure to contact our team of attorneys today. The law firm of Flickinger Sutterfield & Boulton is here to help you in your time of legal need.
Defective Seatbelts Can Lead To Deadly Auto Accidents
When the people of Provo need strong legal representation in a product liability lawsuit, they can count on our attorneys. The lawyers at our firm have ample experience in product lawsuits, which includes cases that involve car defects that caused auto accidents. There are numerous automotive defects that can contribute directly to collisions, from brake defects to issues with steering. Some automaker defects involve a failure to keep drivers and passengers safe. Such is the case with defective seatbelts. Motor Vehicles Should Be Safe Whenever there’s a motor vehicle on the market, we expect them to be safe for people to drive and to ride in. Basic safety should not be out of the question, and that’s especially true when it comes to the seatbelts and safety restraints in a vehicle. Yet there are times when seat belts do not function like they were supposed to, which means that accidents that shouldn’t cause injuries can suddenly become a source of serious harm. Issues with Defective Car Safety Restraints There are many ways in which seatbelts can malfunction. These may include the following issues: Inertial Unlatching – Inertial unlatching occurs when a seatbelt unlatches as a result of the force from an auto collision. False Latching – False latching refers to a belt clicking and seeming to lock even though it is not really secure. Ripped Belt Webbing – Tearing or ripping of the belt material itself could result in non-retraint or just partial restraint of an individual during a collision. Retractor Failure – Retractor mechanisms help hold seat belts in place. Failur of the belt retractor to lock the belt can result in too much slack, which may mean less than optimal protection. Poor Belt Anchor Placement – The seatbelts in a vehicle may not be anchored in a secure place, meaning that a strong collision could result in the restraint system failing. Minor Accidents Can Become Dangerous and Even Deadly No matter how a seatbelt malfunctions, it can cause minor accidents to become the source of serious injury. In the case of more serious accidents, a failed seatbelt could mean the difference between life and death. Proper Design and Materials Need to Be Considered When automakers are designing and manufacturing their vehicles, the proper materials need to be used and modern advanced in safety need to be taken into account. Cutting corners on design or materials cannot be tolerated since it puts people’s lives at risk. The Importance of Quality Control and Testing Even if a vehicle seems to be safe in terms of its design, there needs to be a rigorous and serious amount of quality control. This includes crash tests and stress tests to ensure that safety restraints meed current safety standards. The crashworthiness of the vehicle must also be tested in such a manner to protect everyone within it should a collision occur. Recalls Should Be Issued If Problems Are Caught An automaker may detect a serious defect of their seatbelts and safety systems after the vehicle has reached the market. In such cases, a recall needs to be issued and made public as soon as possible in order to prevent potential injuries and fatalities. Holding Automakers Accountable When automakers fail to create safe vehicles and do not take into account the safety of consumers, they need to be held accountable. Having skilled product liability lawyers on your side will help ensure your legal rights and the rights of countless others are represented in court. Learn More About Automotive Defects For more information about your legal rights and options following a serious product malfunction, be sure to contact our team of personal injury lawyers today. Our attorneys will help you in your time of legal need, offering sound counsel every step of the way.
Wrongful Death Statutes of Limitations: What You Should Know
The loss of a family member is a painful experience, especially when the death was caused by someone else’s negligence. When the loss of a loved one was preventable, there may be legal grounds for a wrongful death case. A wrongful death case can help spouses, children, and parents obtain compensation when they have lost a family member due to another person’s negligence. Although financial compensation cannot ease the pain of losing a loved one, it can hold responsible parties liable and prevent other families from suffering the same fate. To learn more about your legal rights regarding the wrongful death statute of limitations, contact our Provo, UT attorneys at Flickinger Sutterfield & Boulton. What May Constitute a Wrongful Death Lawsuit? When a person dies due to someone else’s negligence or misconduct, family members may be entitled to file a wrongful death lawsuit. You may have a wrongful death case if: The death was caused by negligence The death was intentionally caused The death was a result of medical malpractice The death was caused by a motor vehicle or airplane accident The death occurred during a supervised activity The death was the result of an occupational hazard The surviving family members are suffering monetary damages due to the death What’s the Statute of Limitations for Filing a Wrongful Death Claim? The statute of limitations, or the amount of time that you have to file a legal action, for wrongful death lawsuits varies by each state and circumstance of death. Many states allow two years from the date of the event that caused the death of filing a lawsuit, while others may only allow one year. Wrongful deaths involving minors often have their own rules governing the statute of limitations, as do wrongful deaths involving those with mental disabilities or fraud. Additionally, many states do not begin the clock for the statute of limitations until the negligence or harm is discovered, commonly called the “date of discovery.” With that said, some states put a time restraint on the date of discovery for cases involving medical malpractice, product liability, or construction accidents. For instance, a lawsuit may be brought within two years from the date of discovery but no more than five years from the date at which the harmful act occurred. Because the statute of limitations varies and can quickly pass, it’s important to contact a wrongful death attorney as soon as you suspect the death of a family member to be the result of someone else’s negligence. What to Do if You Suspect the Wrongful Death of a Family Member In order to determine if the death of a family member is grounds for a wrongful death case, it is important to contact a wrongful death attorney. A wrongful death attorney can evaluate the circumstances surrounding the death of your loved one to determine if there are grounds for a lawsuit. If you suspect the death of your family member was caused by someone’s negligence or misconduct, it is vital to contact an attorney immediately to ensure a case is filed before the statute of limitations runs out. Contact the Attorneys of Flickinger Sutterfield & Boulton If you suspect a family member has been the victim of wrongful death, we encourage you to contact our wrongful death attorneys to learn more about your legal rights.
Premises Liability and Drowning Accidents
Swimming pools are great for cooling off and having fun in warmer weather, but without proper safety precautions, swimming pools can be a dangerous place. Drowning is of particular concern when it comes to swimming pools. Those who have pools on their property must make every effort to keep their pools and those around their pools as safe as reasonably possible. When a drowning has occurred due to a property owner’s negligence, premises liability laws can help hold the responsible party legally and financially liable. To learn more about your legal rights regarding premises liability and drowning, contact our Provo, UT law firm, Flickinger Sutterfield & Boulton. The Dangers of Drowning Accidents It almost goes without saying that death is the biggest danger of drowning, but not all drowning accidents are fatal. Non-fatal drowning accidents can still be devastating to a victim’s health and may result in serious medical conditions. Some of these medical conditions include loss of basic body functions, long-term disabilities, learning disabilities, and memory problems. What Are the Common Causes of Drowning? There are many precautions swimming pool owners can and should take to keep those on their property safe from drowning. When proper precautions aren’t taken, the risk of drowning and other pool-related injuries increases. The following issues can contribute to fatal or non-fatal drowning accidents: No barriers around pool: Pools without barriers may be easily accessed by children, resulting in drowning. It is the responsibility of pool owners to make sure their pool is adequately secured to prevent children, or anyone, from easily entering. Bad drains: An improperly installed swimming pool or hot tub drain can be a source of serious injury. Drains that don’t meet reasonable safety standards can have suction powerful enough to hold onto swimmers, leading to drowning. Improper signage: Public pools are required to have signage advising swimmers of the dangers of using the pool, such as warnings against running around the pool and notices of the risks of diving into the shallow end of the pool. Insufficient supervision: The owners of public pools are also required to provide adequate supervision and trained lifeguards. Lifeguards should be trained to perform CPR, prevent drowning, along with many other water safety and rescue efforts. Who’s Responsible? Premises liability laws hold property owners reasonably responsible for the safety of those who enter their property. Both public and private pool owners have a duty to make every reasonable effort to keep adults and children safe around their pools, including: Public pool owners must keep up on pool maintenance and repairs Private pool owners must advise pool guests of any safety hazards Public and private pool owners must ensure pools are properly secured, such as putting up a fence or wall, to prevent children from entering without supervision If a drowning accident has occurred due to the negligence on the part of the pool owner, there may be grounds for a premises liability lawsuit. In order to determine if there is a premises liability case, it’s important to contact an attorney. A premises liability attorney can help seek compensation for medical bills and pain and suffering. Contact the Attorneys of Flickinger Sutterfield & Boulton If you or a loved one has been the victim of a drowning or other swimming pool accident, you may be entitled to legal compensation. To learn more about your legal rights, contact the premises liability attorneys at Flickinger Sutterfield & Boulton.